In all cases where the plaintiff has commenced an action for the recovery of a debt and the defendant, during the pendency of such action, shall become subject to attachment, the plaintiff may have an attachment against the defendant; and all the proceedings in relation to the same shall be as prescribed in relation to attachments where no action is pending. A satisfaction of the judgment in the common-law action shall satisfy the judgment in attachment, and a satisfaction of the judgment in attachment shall satisfy the judgment in the common-law action.
History. Ga. L. 1855-56, p. 25, § 28; Code 1863, § 3201; Code 1868, § 3212; Code 1873, § 3280; Code 1882, § 3280; Civil Code 1895, § 4526; Civil Code 1910, § 5071; Code 1933, § 8-104.
Law reviews.
For article discussing Sniadach v. Family Fin. Corp., 395 U.S. 337, 89 S. Ct. 1820 , 23 L. Ed. 2 d 349 (1969) in relation to former Georgia law on prejudgment garnishment, see 21 Mercer L. Rev. 495 (1970).
For article discussing Georgia’s long arm statute, prejudgment attachment and habeas corpus, with respect to judicial developments in practice and procedure in the fifth circuit, see 30 Mercer L. Rev. 925 (1979).
Structure Georgia Code
Title 18 - Debtor and Creditor
Chapter 3 - Attachment Proceedings
Article 1 - General Provisions
§ 18-3-1. Grounds for Attachment
§ 18-3-2. Right to Seek Attachment on Money Demands Generally
§ 18-3-4. Attachment After Action Commenced; Effect of Judgment on Pending Action
§ 18-3-5. Attachment Against Administrator or Executor; Entry of Final Judgment
§ 18-3-6. Attachment Against Joint Contractors or Partners
§ 18-3-7. Attachment Against Nonresident Corporations
§ 18-3-8. Right of Surety or Endorser Upon an Instrument of Writing to Attach Property of Principal
§ 18-3-10. Bond Requirements Generally
§ 18-3-10.1. Service of Process in Action Against Nonresident Plaintiff for Damages
§ 18-3-12. Persons Who May Be Taken as Security or Surety on a Bond
§ 18-3-15. Right of Defendant to Postseizure Hearing
§ 18-3-16. Issuance and Levy of Attachment on Sunday
§ 18-3-18. Applicability of Chapter 10 of Title 9 Subsequent to Filing of Declaration in Attachment
§ 18-3-19. Forms for Attachment
§ 18-3-20. Substantial Compliance in Matters of Form Sufficient